Judge orders motions sealed in Beason slayings case

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LINCOLN -- A judge has ordered four motions sealed in the murder cases filed against two brothers accused of killing a Beason family. The motions include requests for experts and an investigator to assist defense teams.

Logan County Judge Thomas Harris granted two motions from defense lawyer James Elmore for an expert in the murder case against Christopher J. Harris.

Harris, 30, and his brother, Jason L. Harris, 22, of Armington, are accused of killing Ruth and Rick Gee and three of their children in Beason. Jason Harris is represented by Bloomington attorney Steve Skelton.

According to court records in the Chris Harris matter, the judge privately reviewed the motions Tuesday and signed an order appointing the unidentified expert.

Elmore requested that the review take place outside an open hearing, according to a record of proceedings. Judge Harris (not related to the defendants) referred to the state Capital Crimes Litigation Act in his order directing the court clerk to impound the motion and his order related to the expert

The judge also closed files Tuesday in the Jason Harris case. A motion and order for appointment of an investigator were order sealed. Defense attorney Steve Skelton asked that an investigator be named.

A document filed and later withdrawn by Skelton for payment of fees also was sealed by the judge. The judge again cited the capital crimes law for keeping the payment request secret. Skelton and several other defense lawyers involved in the Gee case will be paid from the Capital Litigation Trust Fund, a state fund which provides counsel for defendants eligible for the death penalty.

Springfield media attorney Don Craven said he is not aware of any provision of the law cited by the judge that allows the motions related to the appointment of experts and investigators to be closed. If court officials are worried about releasing information to potential jurors, the wholesale closing of files is not the proper way to address the concern, said Craven.

"We seem to be exercising the wrong presumption," said Craven.

State prosecutors involved in the Harris cases were not aware of the new motions and did not request that the records be closed, according to Kara Smith, deputy chief of staff for Illinois Attorney General Lisa Madigan. The state does not intend to routinely request closure of material, said Smith.

"Our position would be that if sensitive matters are filed, we would seek to have them sealed only for as long as a risk remained to the case," said Smith.

Two assistant attorney generals are assisting Logan County prosecutors with the complex case.

The recent orders closing public access to the Harris cases follows a challenge by The Pantagraph, Decatur Herald & Review and the State (Springfield) Journal-Register to the closure of search warrants returned in the homicide case. The newspapers also want access to search warrants filed under seal for about 10 years in Logan County.

A Nov. 18 hearing is scheduled in the media lawsuit.

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